Griffin v. Johnson et al

Filing 157

ORDER Denying Plaintiff's 119 Motion to Compel Production of CDCR Trust Account Statement and to Require Transmittal of Deducted Filing Fee to the Court in Compliance with Order 6 , signed by Magistrate Judge Barbara A. McAuliffe on 8/3/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 MATTHEW JAMES GRIFFIN, Case No. 1:13-CV-01599-LJO-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF CDCR TRUST ACCOUNT STATEMENT AND TO REQUIRE TRANSMITTAL OF DEDUCTED FILING FEE TO THE COURT IN COMPLIANCE WITH ORDER (doc. 6) Plaintiff, 13 14 v. 15 A. JOHNSON, et al., Defendants. 16 (ECF No. 119) 17 18 19 Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se and in 20 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the 21 Court is Plaintiff’s motion to compel production of CDCR trust account statement and to require 22 transmittal of deducted filing fee to the Court in compliance with order, filed October 11, 2016. 23 (ECF No. 119.) According to Plaintiff’s papers, the motion to compel was filed because 24 “Defendants, by Motion (doc 108 at page 4, lines 10-12) have requested this Court order Plaintiff 25 to pay the filing fee (again).” (ECF No. 119 at p. 3). Plaintiff explains that the Court already 26 required him to pay the filing fee in full by way of deduction from his CDCR trust account. (Id. 27 at p. 2.) 28 Defendants’ motion, referenced by Plaintiff, sought to revoke Plaintiff’s in forma 1 1 pauperis status. (ECF No. 108.) However, Defendants withdrew that motion on November 15, 2 2016, and the Court terminated it by order on November 17, 2016. (ECF Nos. 139, 140.) In 3 light of this withdrawal and termination, it is no longer necessary to compel production of 4 Plaintiff’s trust account statement. It also is not necessary for the Court to issue a second order 5 regarding collection of payments from Plaintiff’s trust account. See ECF No. 6. 6 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel production of 7 his trust account statement and require transmittal of the deducted filing fee to the Court in 8 compliance with order (ECF No. 119) is DENIED as moot. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara August 3, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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